Patna High CourtCR. MISC./48338/2024rejected

Munarik Turiya @ Mundrika Turiya v. The State Of Bihar

2024-10-18Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48338 of 2024 Arising Out of PS. Case No.-188 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Munarik Turiya @ Mundrika Turiya Son of Arjun Turiya R/O Vill.- Harakuraha, P.S.- Fatehpur, Dist.- Gaya, Bihar ... ... Petitioner/s

Versus

The State Of Bihar 2.

xxx wife of yyy r/o vill.- Harakuraha, P.S.- Fatehpur, Dist.- Gaya, bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Alka Singh, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-10-2024 Heard Mrs. Alka Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 08.04.2023, in connection with Fatehpur P.S. Case No. 188 of 2021, FIR dated 09.06.2021 registered for the offence under Sections 376(AB) and 376(D) of the Indian Penal Code and Section 6 of the POCSO Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 20.09.2023 passed in Cr. Misc. No. 50733/2023.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.48338 of 2024(4) dt.18-10-2024 2/2 innocent and he has falsely been implicated in this case. He further submits that as per the allegation in the FIR petitioner along with other co-accused persons are alleged to have committed rape upon the minor daughter of the informant. The petitioner is rotting in judicial custody since 08.04.2023.

5. Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has committed rape upon her and apart from that the date of birth of the victim recorded as 20.09.2009 which suggests that the victim was minor at the time of occurrence.

6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner to commit rape upon the victim who was minor at the time of the occurrence, I am not inclined to enlarge the petitioner on bail in connection with Fatehpur P.S. Case No. 188/2021 pending in the Court of learned Special Judge, P.O.C.S.O. Court-cum District and Session Judge, VI, Gaya.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T